Campaigners have won an appeal for the right to camp on Dartmoor National Park in Devon – in the latest twist in an ongoing row between nature enthusiasts and a wealthy couple who own part of the land.
The bitter dispute began when Alexander and Diana Darwall argued that some wild campers on their land caused problems to livestock and the environment – and sought a court declaration that members of the public could only pitch tents there overnight with their consent.
Mr and Mrs Darwall won their High Court challenge against the Dartmoor National Park Authority (DNPA) in January, banning people from pitching up on their estate without consent – sparking one of the largest-ever protests over public access to England’s countryside.
Alexander Darwall, a wealthy banker, and his wife Diana own a 3,450-acre estate in Dartmoor
(Edison)
Ruling in favour of the couple in January, Justice Sir Julian Flaux decided that a 1985 law, which regulates access to moorland, did not provide a right to wild camp.
But the park authority urged appeal judges to overturn his decision, arguing he had the wrong interpretation of the nearly 40-year-old legislation.
In a ruling on Monday, Sir Geoffrey Vos, Lord Justice Underhill and Lord Justice Newey granted the appeal, finding that the law “confers on members of the public the right to rest or sleep on the Dartmoor Commons, whether by day or night and whether in a tent or otherwise” as long as bylaws are followed.
Mr and Mrs Darwall keep cattle on Stall Moor, which forms part of their more than 3,450-acre estate in the southern part of Dartmoor.
Kate Ashbrook, general secretary of the Open Spaces Society, which intervened in the case, said in a statement: “This is an excellent outcome, we are relieved that the judges ruled unanimously and conclusively that open-air recreation includes backpack camping on the commons.”
Dartmoor National Park is one of the few places in England where people can camp without a landowner’s permission
(Getty Images/iStockphoto)
She added: “Following this judgment, Dartmoor remains one of only a handful of places in England where there is a right to backpack camping without the landowner’s permission.
“We should like to see that right extended and we shall campaign with other organisations to achieve this.”
More follows on this breaking news story…